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MyBaggy.com is a
social networking service that allows Members to create unique personal
profiles online in order to find and communicate with old and new friends.
The services offered by MyBaggy.com include any MyBaggy.com-branded URL
(the "MyBaggy.com Website"), the MyBaggy.com messaging service, and any other features, content, or
applications offered from time to time by MyBaggy.com (collectively, the
"MyBaggy.com Services"). The MyBaggy.com Services are hosted in
Italy.
This Terms of Use
Agreement ("Agreement") sets forth the legally binding terms for your
use of the MyBaggy.com Services. By using the MyBaggy.com Services, you
agree to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse the MyBaggy.com Website, including through
a mobile device, or otherwise use the MyBaggy.com Services without being
registered) or you are a "Member" (which means that you have
registered with MyBaggy.com). The term "User" refers to a
Visitor or a Member. You are only authorized to use the MyBaggy.com Services
(regardless of whether your access or use is intended) if you agree to abide by
all applicable laws and the terms of this Agreement. Please read this
Agreement and save it. If you do not agree to be bound by this Agreement
and to follow all applicable laws, you should leave the MyBaggy.com Website and
discontinue use of the MyBaggy.com Services immediately. If you wish to
become a Member, communicate with other Members and/or make use of the
MyBaggy.com Services, you must read this Agreement and indicate your acceptance
during the registration process.
This Agreement
includes MyBaggy.com's policy for acceptable use of the MyBaggy.com Services
and Content (as defined in Section 6.1 below) posted on or through the MyBaggy.com
Services and your rights, obligations and restrictions regarding your use of
the MyBaggy.com Services and Content posted on or through the MyBaggy.com
Services. In order to participate in certain MyBaggy.com Services, you
may be notified that you are required to download software or content and/or
agree to additional terms and conditions from MyBaggy.com. Unless otherwise
provided by the additional terms and conditions applicable to the MyBaggy.com
Services in which you choose to participate, those additional terms are hereby
incorporated into this Agreement. You may receive a copy of this
Agreement by emailing us at:
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, Subject: Terms of Use
Agreement.
MyBaggy.com may
modify this Agreement from time to time and such modification shall be
effective upon posting by MyBaggy.com on the MyBaggy.com Website. MyBaggy.com
will e-mail the modifications. In case the user woudn't agree with the changes
happened, he will be empowered to cancel his subscription to the MyBaggy.com
services. Making use of the MyBaggy.com services after the publishing of the
changes, the user automatically subscribes to be binded from the modifications
themselves for a period of one month. Therefore, it's extremely important for
the user to periodically read these terms and conditions.
Please choose
carefully the information you post on or through the
MyBaggy.com Services and that you provide to other Users. Your
MyBaggy.com profile may not include any form of Prohibited Content, porno,
obscene, violent, offending, sexually explicit or inappropriate. Despite
this prohibition, information, materials, products or services provided by
other MyBaggy.com Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or
otherwise violate this Agreement, and MyBaggy.com assumes no responsibility or
liability for this material. If you become aware of misuse of the
MyBaggy.com Services by any person, please Contact MyBaggy.com.
MyBaggy.com
reserves the right, in its sole discretion, to reject, refuse to post or remove
any posting (including private messages) by you, or to deny, restrict, suspend,
or terminate your access to all or any part of the MyBaggy.com Services at any
time, for any or no reason, with or without prior notice or explanation, and
without liability particularly in the cases listed at clause 8 with or without
warning. Responsability is limited at maximum provided by the law on the basis
of clauses 12 and 13 of the present terms and conditions. MyBaggy.com
expressly reserves the right to remove your profile and/or deny, restrict,
suspend, or terminate your access to all or any part of the MyBaggy.com
Services if MyBaggy.com determines, in its sole discretion, that you have
violated this Agreement or pose a threat to MyBaggy.com and/or its Users.
Eligibility - Use of the MyBaggy.com Services and registration to be
a Member for the MyBaggy.com Services ("Membership") is void where prohibited.
By using the MyBaggy.com Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b) you will
maintain the accuracy of such information; (c) you are 14 years of age or
older; and (d) your use of the MyBaggy.com Services does not violate any
applicable law or regulation. Your profile may be deleted and your
Membership may be terminated without warning, if we believe that you are under
14 years of age, if we believe that you are under 18 years of age and you
represent yourself as 18 or older, or if we believe you are over 18 and represent
yourself as under 18.
Term - (a)This Agreement, and any posted revision to this
Agreement, shall remain in full force and effect while you use the MyBaggy.com
Services or are a Member. (b) You
may terminate your Membership at any time, for any reason, by e-mailing
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subject: CANCEL ME. MyBaggy.com may terminate
your Membership at any time, for any or no reason, with or without prior notice
or explanation, and without liability. Even after Membership is
terminated, this Agreement will remain in effect, including Sections 5-17.
Fees - You acknowledge that MyBaggy.com reserves the right to
charge for any portion of the MyBaggy.com free
Services, to terminate them and to change its fees (if any) from time to time
in its discretion. MyBaggy will keep its members updated in case in future it
would charge fees for its services. In this case the users will be asked to
continue his subscription or decline it. The continuous use of the service after
the intruduction of new fees for a period of at least one month, will be
considered as tacit agreement of the changes happened. The same principle will
be applied in case of a fees raise. If
MyBaggy.com terminates your Membership because you have breached the Agreement,
you shall not be entitled to the refund of any unused portion of fees or
payments (if any).
Password -
When you sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the confidentiality
of your password. You agree not to use the account, username, or password
of another Member at any time or to disclose your password to any third party.
You agree to notify MyBaggy.com immediately if you suspect any
unauthorized use of your account or access to your password. You are
solely responsible for any and all use of your account.
Non-commercial purposes' use by Members -
The MyBaggy.com Services are for the personal use of Members and may be used
for promotional purposes as well, but direct commercial endeavors may only be
used if they are specifically endorsed or authorized by MyBaggy.com.
MyBaggy.com reserves the right to remove commercial content in its sole
discretion. Illegal and/or unauthorized use of the MyBaggy.com Services,
including collecting usernames, user id numbers, and/or email addresses of
Members by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the MyBaggy.com Website, or
employing third party promotional sites or software to promote profiles for
money, is prohibited. Commercial advertisements, affiliate links, and
other forms of unauthorized solicitation may be removed from Member profiles
without notice or explanation and may result in termination of Membership
privileges. MyBaggy.com reserves the right to take appropriate legal
action for any illegal or unauthorized use of the MyBaggy.com Services.
Proprietary Rights in Content on MyBaggy.com
a)
MyBaggy.com does not claim any ownership rights in the text, files, images,
photos, video, sounds, musical works, works of authorship, applications, or any
other materials (collectively, "Content") that you post on or through
the MyBaggy.com Services. After posting your Content to the MyBaggy.com
Services, you continue to retain any such rights that you may have in your
Content, subject to the limited license herein. By displaying or
publishing ("posting") any Content on or through the MyBaggy.com
Services, you hereby grant to MyBaggy.com a limited license to use, modify,
delete from, add to, publicly perform, publicly display, reproduce, and
distribute such Content solely on or through the MyBaggy.com Services.
This limited license is necessary and does not grant MyBaggy.com the right to
sell or otherwise distribute your Content outside of the MyBaggy.com
Services. he license you grant to MyBaggy.com is non-exclusive (meaning
you are free to license your Content to anyone else in addition to
MyBaggy.com), fully-paid and royalty-free (meaning that MyBaggy.com is not
required to pay you for the use on the MyBaggy.com Services of the Content that
you post), sublicensable (so that MyBaggy.com is able to use its affiliates,
subcontractors and other partners such as Internet content delivery networks
and wireless carriers to provide the MyBaggy.com Services), and worldwide
(because the Internet and the MyBaggy.com Services are global in reach)After
you remove your Content from the MyBaggy.com Website we will cease distribution
as soon as practicable, and at such time when distribution ceases, the license
will terminate.
b) You
represent and warrant that: (i) you own the Content posted by you on or through
the MyBaggy.com Services or otherwise have the right to grant the license set
forth in this Section, and (ii) the posting of your Content on or through the
MyBaggy.com Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity.
You agree to pay for all royalties, fees, and any other monies owing any
person or entity by reason of any Content posted by you on or through the
MyBaggy.com Services.
c) The
MyBaggy.com Services contain Content of MyBaggy.com ("MyBaggy.com
Content"). MyBaggy.com Content is protected by copyright, trademark,
patent, trade secret and other laws, and MyBaggy.com owns and retains all
rights in the MyBaggy.com Content and the MyBaggy.com Services.
MyBaggy.com hereby grants you a limited, revocable, nonsublicensable
license to reproduce and display the MyBaggy.com Content (excluding any
software code) solely for your personal use in connection with viewing the
MyBaggy.com Website and using the MyBaggy.com Services.
d) The
MyBaggy.com Services contain Content of Users and other MyBaggy.com licensors.
Except as provided within this Agreement, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display, or sell
any Content appearing on or through the MyBaggy.com Services.
Content Posted
a)
To its unquestionable judgement, MyBaggy.com may reject, refuse to post or delete any Content for any or
no reason, including Content that in the sole judgment of MyBaggy.com violates
this Agreement or which may be offensive, illegal or violate the rights of any
person or entity, or harm or threaten the safety of any person or entity.
MyBaggy.com assumes no responsibility for monitoring the MyBaggy.com Services
for inappropriate Content or conduct. If at any time MyBaggy.com chooses,
in its sole discretion, to monitor the MyBaggy.com Services, MyBaggy.com
nonetheless assumes no responsibility for the Content, no obligation to modify
or remove any inappropriate Content, and no responsibility for the conduct of
the User submitting any such Content.
b)
The user is the solely responsible for the Content that posts on or through any
of the MyBaggy.com Services, and any material or information that transmits to
other Members and for his interactions with other Users. Contents are not
revised by MyBaggy.com before their publication and don't necessarily match opinions and MyBaggy.com criterias.
MyBaggy.com doesn't release any explicit or implicit warranty concerning
accuracy and reliability of the informations transmitted to other subscribers.
Content/Activity
Prohibited
The following are
examples of the kind of Content that is illegal or prohibited to post on or
through the MyBaggy.com Services. MyBaggy.com reserves the right to
investigate and take appropriate legal action against anyone who, in MyBaggy.com's
sole discretion, violates this provision, including without limitation,
removing the offending Content from the MyBaggy.com Services and terminating
the Membership of such violators. Prohibited Content includes, but is not
limited to, Content that, in the sole discretion of MyBaggy.com:
a)
is patently offensive and promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
b)
harasses or advocates harassment of another person;
c)
exploits people in a sexual or violent manner;
d)
contains nudity, excessive violence, or offensive subject matter or contains a
link to an adult website;
e)
solicits personal information from anyone under 18;
f)
publicly posts information that poses or creates a privacy or security risk to
any person;
g) constitutes or promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
h) constitutes or promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacturer-installed copy-protect
devices, or providing pirated music or links to pirated music files;
i) involves the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
j) contains restricted or password only
access pages or hidden pages or images (those not linked to or from another
accessible page);
k) furthers or promotes any criminal
activity or enterprise or provides instructional information about illegal
activities including, but not limited to making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
l)
solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users;
m)
involves commercial activities and/or sales without prior written consent from
MyBaggy.com such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
n)
includes a photograph or video of another person that you have posted without
that person's consent;
o)
for band, comedy, filmmaker and other profiles,
uses sexually suggestive imagery or any other unfair, misleading or deceptive
Content intended to draw traffic to the profile; or violates the privacy
rights, publicity rights, copyrights, trademark rights, contract rights or any
other rights of any person.
The following are
examples of the kind of activity that is illegal or prohibited on the
MyBaggy.com Website and through your use of the MyBaggy.com Services.
MyBaggy.com reserves the right to investigate and take appropriate legal
action against anyone who, in MyBaggy.com's sole discretion, violates this
provision, including without limitation, reporting you
to law enforcement authorities. Prohibited activity includes, but is not
limited to:
a) criminal or tortious
activity, including child pornography, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, stalking, spamming, spimming, sending of
viruses or other harmful files, copyright infringement, patent infringement, or
theft of trade secrets;
b) advertising
to, or solicitation of, any Member to buy or sell any products or services
through the unauthorized or impermissible use of the MyBaggy.com Services.
You may not transmit any chain letters or junk email to other Members.
Even the use of any kind of data obtained via MyBaggy Services in order to
contact, advertise, promote or sell products or services to other subscribers
without their explicit agreement must be considered a violation of the above
exposed rules.
c) covering or obscuring the banner
advertisements on your personal profile page, or any MyBaggy.com page via
HTML/CSS or any other means;
d) any automated use of the system, such as,
but not limited to, using
scripts to add
friends or send comments or messages;
e) interfering with, disrupting, or creating
an undue burden on the MyBaggy.com Services or the networks or services
connected to the MyBaggy.com Services;
f) impersonating or attempting to
impersonate another Member, person or entity;
g) for band, comedy, filmmaker and other
profiles containing a MyBaggy.com player, copying the code for your MyBaggy.com
Player and embedding it (or directing others to embed it) anywhere other than
your band profile on MyBaggy.com;
h) using the account, username, or password
of another Member at any time or disclosing your password to any third party or
permitting any third party to access your account;
i) selling or otherwise transferring your
profile;
j) using any information obtained from the
MyBaggy.com Services in order to harass, abuse, or harm another person or
entity, or attempting to do the same;
k) displaying an unauthorized commercial
advertisement on your profile, or accepting payment or anything of value from a
third person in exchange for your performing any commercial activity through
the unauthorized or impermissible use of the MyBaggy.com Services on behalf of
that person, such as placing commercial content on your profile, posting blogs
or bulletins with a commercial purpose, selecting a commercial purpose's
profile as one of the friends, posting commercial messages in Blogs or posting
BBS Messages or sending private messages
with a commercial purpose;
l)
using the MyBaggy.com Services in a manner inconsistent with any and all
applicable laws and regulations.
Copyrights
You may not upload,
embed, post, email, transmit or otherwise make available any material that
infringes any copyright, patent, trademark, trade secret or other proprietary
rights of any person or entity. MyBaggy.com has the right to terminate
the Membership of infringers.
MyBaggy.com
regulations includes the cancellation of any subscription who repeatedly
violates third parts copyrights after the correct notification by the copyright
owner or his legal representative.
If you believe your
work has been copied and posted on or through the MyBaggy.com Services in a way
that constitutes copyright infringement, please send MyBaggy.com's Copyright
Agent a notification of claimed infringement with all of the following
information: (a) identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works; (b) identification of the
claimed infringing material and information reasonably sufficient to permit us
to locate the material on the MyBaggy.com Services (providing the URL(s) of the
claimed infringing material satisfies this requirement); (c) information
reasonably sufficient to permit us to contact you, such as
an address, telephone number, and, if available, an email address; (d) a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; (e) a statement by
you, made under penalty of perjury, that the above information in your
notification is accurate and that you are the copyright owner or a uthorized to
act on the copyright owner's behalf. In order to notify copyrights violations,
please contact MyBaggy.com's copyrights in charge office. e-mail to
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office, spam bots
free address, enable Javascript in order to see it.
MyBaggy.com
provides certain tools and technologies to help facilitate copyright owners'
control over their copyrighted works.
Member Disputes
You are solely responsible for your interactions
with other MyBaggy.com Members. MyBaggy.com reserves the right, but has
no obligation, to become involved in any way with disputes between you and
other Members.
Privacy
Use of the MyBaggy.com Services is also governed
by our Privacy Policy, which is incorporated into this Agreement by this
reference.
Disclaimers
MyBaggy.com is not responsible for and makes no
warranties, express or implied, as to the User Content or the accuracy and
reliability of the User Content posted on or through the MyBaggy.com Services,
whether caused by Users of the MyBaggy.com Services or by any of the equipment
or programming associated with or utilized in the MyBaggy.com Services and such
User Content does not necessarily reflect the opinions or policies of MyBaggy.com.
Profiles and third party applications created and posted by Members on
the MyBaggy.com Website may contain links to other websites. MyBaggy.com
is not responsible for the content, accuracy or opinions expressed on such
websites, and such websites are not necessarily investigated, monitored or
checked for accuracy or completeness by MyBaggy.com. Inclusion of any
linked website on the MyBaggy.com Services does not imply approval or
endorsement of the linked website by MyBaggy.com. When you access these
third party sites, you do so at your own risk. MyBaggy.com takes no
responsibility for third party advertisements or third party applications that
are posted on or through the MyBaggy.com Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
MyBaggy.com is not responsible for the conduct, whether online or offline, of
any User of the MyBaggy.com Services. MyBaggy.com assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, any User or Member communication.
MyBaggy.com is not responsible for any problems or technical malfunction
of any telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of any email or players due to
technical problems or traffic congestion on the Internet or on any of the
MyBaggy.com Services or combination thereof, including any injury or damage to
Users or to any person's computer related to or resulting from participation or
downloading materials in connection with the MyBaggy.com Services. Under
no circumstances shall MyBaggy.com be responsible for any loss or damage,
including personal injury or death, resulting from use of the MyBaggy.com
Services, attendance at a MyBaggy.com event, from any User Content posted on or
through the MyBaggy.com Services, or from the conduct of any Users of the
MyBaggy.com Services, whether online or offline.
Limitation of Liability
The MyBaggy.com Services are provided
"AS-IS" and as available and MyBaggy.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
MyBaggy.com cannot guarantee and does not promise any specific results
from use of the MyBaggy.com Services.
Alcune giurisdizioni non
consentono l'esclusione o la limitazione di determinati tipi di garanzie o
responsabilità, ad esempio la responsabilità di morte o danni personali come risultato
di una negligenza o frode di MyBaggy.com. Alcune delle limitazioni citate nelle
clausole 12 e 13 potrebbero pertanto non essere applicabili all'Utente.
Some
jurisdictions don't allow exclusion or limitation of certain warranty or
liability limitations kinds, i.e. death liability or personal damages as result
of a neglect or fraud of MyBaggy.com. Some limitations might be non applicable
to the user.
Controversy
MyBaggy.com's related controversies or involving
MyBaggy.com itself will be regulated on the Italian Laws basis. Incidental
clashes with different law dispositions will not be considered. When the user
owns a commercial activity like a society of capitals and a society of persons
of public law even in separate property regime, the place of jurisdiction is
Milan.
Indemnity
You agree to
indemnify and hold MyBaggy.com, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of the MyBaggy.com Services in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth in this Agreement
and/or if any Content that you post on or through the MyBaggy.com Services
causes MyBaggy.com to be liable to another.
Other
This Agreement is
accepted upon your use of the MyBaggy.com Website or any of the MyBaggy.com
Services and is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and MyBaggy.com regarding the use
of the MyBaggy.com Services. The failure of MyBaggy.com to exercise or
enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or contractual
effect. MyBaggy.com is a trademark of Freetravel Srl . This Agreement
operates to the fullest extent permissible by law. If any provision of
this Agreement is unlawful, void or unenforceable, that provision is deemed
severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions.
Please contact us
at: Contact MyBaggy.com with any questions regarding this Agreement.
I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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